Penalties for intoxicated motorists add up quickly

Feb. 2, 2013

Written by

Jim Collar

Post-Crescent Media

Bigger perspective on public spending

Your property taxes are spent on police and fire services, education, utilities, public works, parks and recreation, a judicial system, economic development and more, and you deserve to know how that money is used. Each Sunday, The Post-Crescent examines a slice of that spending: where taxes go, what they buy, and, as often as possible, how the spending compares with similar expenditures elsewhere in Wisconsin. If you have a suggestion for our Public Spending Desk, contact Editor/Local Enterprise Andy Thompson at athompson@postcrescent.com or 920-993-1000, ext. 257.

More

ADVERTISEMENT

Getting pulled over for drunken driving is an expensive lapse in judgment.

A breakdown of the financial penalties associated with OWI convictions reflects efforts in Wisconsin to address the problem by focusing, at least partially, on the backs of offenders rather than taxpayers.

Lawmakers are again discussing the possibility of toughening drunken driving penalties in Wisconsin. The state has long been regarded as among the most lenient in its treatment of the offenses, but those who have paid a steep financial price would argue that the penalty is not a lap on the wrist.

Outagamie Judge John Des Jardins said penalties add up quickly, especially for those who are caught with significant levels of alcohol in their systems.

“These are people who often don’t have a lot of cash, so this really straps them,” he said.

Des Jardins said the cost of a first offense goes beyond what is imposed by judges. He cited hikes in car insurance rates as one of the spillover effects. “The fine and the costs are high, though after you add in everything else involved, it exceeds those fines and costs,” he said.

Fines escalate in steep fashion for those convicted of repeat offenses. Here are some pertinent statistics related to the costs associated with drunken driving.

• 300,000: The approximate number of drivers in Wisconsin who have at least one drunken driving conviction on their record.

• 1,023: The number of drunken driving convictions in Outagamie County in 2011.

• $224,000: The amount of penalties paid to the county as a result of the convictions. A portion of the fines went to other agencies.

• 1,187: The number of drunken driving convictions in Winnebago County in 2011.

• $260,000: The amount of surcharges paid to the county as a result of the convictions.

• $691.50: The overall cost of a first-offense violation, when taking into account a $150 fine, plus a variety of costs that include a court support fee, a crime lab drug assessment, a justice information fee and a jail assessment. Those with high blood alcohol levels have to pay a $50 ignition interlock surcharge.

(Page 2 of 2)

A second offense carries a fine from $350 to $1,100 before the added fees. A third offense brings fines from $600 to $2,000. Those convicted for a fourth through sixth offense can be fined up to $10,000.

The largest fee, the $365 driver improvement surcharge, is assessed against anyone convicted of a drunken driving offense, regardless of the offense number, and and is directed toward efforts to combat drunken driving. From that surcharge, 40 percent, or $146, is directed to the state.

In the 2010-11 fiscal year, the state collected more than $4.3 million from the surcharges, according to the Legislative Audit Bureau. Counties retain the remaining 60 percent.

In Outagamie County, surcharge funds benefit those with drug and alcohol issues who don’t insurance or ability to pay for treatment. Services includes hospitalization, residential and outpatient treatment.

The state directs 9.75 percent of its portion of the surcharge toward funding the state’s Safe-Ride grant program. Some of the state’s collections are returned to counties in the form of supplemental grants to benefit intoxicated driver programs. State surcharge funding has been used to provide breath testing equipment to law enforcement agencies.

Money from drunken driving penalties are allocated in a variety of directions.

The fine portion is returned to the arresting agency. In the case of an arrest by the State Patrol, half goes to the state and the remaining half is retained by the county, according to the Outagamie County Clerk of Courts office.

The jail surcharge is retained by the county for jail improvements. Half of the $25 in court costs assessed in each case goes to the state’s general fund.

Des Jardins said the high cost of a first conviction should be sufficiently expensive to teach drivers a lesson.

If not, the penalties worsen significantly.

“If there’s a next time, you’re sitting in jail,” Des Jardins said. “There’s a stigma. It isn’t pleasant and shouldn’t be given the danger and the tragedies that happen.”